Last amended by Crime and Policing Act 2026 in 2026. 4 recorded amendment effects (legislation.gov.uk changes data).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Constitutional Reform Act 2005 made fundamental changes to the UK constitution. It created the Supreme Court of the United Kingdom (replacing the Appellate Committee of the House of Lords as the highest court), reformed the office of Lord Chancellor, established the Judicial Appointments Commission, and enshrined the principle of judicial independence in statute for the first time.
Key Points
- Guarantee of continued judicial independence — duty on ministers to uphold (s.3)
- Lord Chancellor need not be a lawyer or a member of the House of Lords (s.2)
- Lord Chancellor's oath to respect the rule of law and defend judicial independence (s.17)
- Supreme Court of the United Kingdom — established as the highest domestic court (Part 3)
- 12 Justices of the Supreme Court, including a President and Deputy President
- Judicial Appointments Commission (JAC) — independent body to select judges on merit (Part 4)
- Separation of judicial role of Lord Chancellor from legislative and executive functions
Parts & Sections
Amendments History
2007 — Tribunals, Courts and Enforcement Act 2007
45 recorded amendment effects (legislation.gov.uk changes data).
2022 — Public Service Pensions and Judicial Offices Act 2022
15 recorded amendment effects (legislation.gov.uk changes data).
2009 — Coroners and Justice Act 2009
10 recorded amendment effects (legislation.gov.uk changes data).
2015 — Criminal Justice and Courts Act 2015
5 recorded amendment effects (legislation.gov.uk changes data).
2026 — Crime and Policing Act 2026
4 recorded amendment effects (legislation.gov.uk changes data).
Frequently asked questions
- What major changes did the Constitutional Reform Act 2005 make to the UK constitution?
- The Constitutional Reform Act 2005 created the Supreme Court of the United Kingdom, which replaced the Appellate Committee of the House of Lords as the highest domestic court. It also reformed the office of the Lord Chancellor, established the Judicial Appointments Commission, and enshrined the principle of judicial independence in statute for the first time.
- How many judges are in the Supreme Court and what cases do they hear?
- The Supreme Court consists of 12 judges appointed by the Crown, including a President and a Deputy President. It has jurisdiction over appeals from the Court of Appeal in England and Wales, the Court of Session in Scotland, and the Court of Appeal in Northern Ireland. It also holds devolution jurisdiction previously held by the Judicial Committee of the Privy Council.
- What duties do government ministers have regarding judicial independence?
- Under the Act, the Lord Chancellor, other Ministers of the Crown, and anyone with responsibility for judiciary matters must uphold the continued independence of the judiciary. They are prohibited from seeking to influence particular judicial decisions through any special access to the judiciary. The Lord Chancellor must also take an oath to respect the rule of law and defend judicial independence.
- What is the role of the Judicial Appointments Commission and how did the Act change the Lord Chancellor's role?
- The Act established the Judicial Appointments Commission (JAC) as an independent body responsible for selecting judges on merit. Additionally, it reformed the office of the Lord Chancellor by separating their judicial role from legislative and executive functions. The Lord Chancellor is no longer required to be a lawyer or a member of the House of Lords.
- Does the Constitutional Reform Act 2005 affect the rule of law?
- The Act explicitly states that it does not adversely affect the existing constitutional principle of the rule of law. It also preserves the Lord Chancellor's existing constitutional role in relation to that principle, ensuring that the legislative changes support rather than undermine the rule of law.